83 FR 42603 - Review of the Emergency Alert System

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 164 (August 23, 2018)

Page Range		42603-42607
FR Document		2018-18151
In this document, the Federal Communications Commission (FCC or Commission) partially denies and partially grants a petition for partial reconsideration of the Emergency Alert System (EAS) requirements for certain Fixed Satellite Service (FSS) satellite operators jointly filed by PanAmSat Corporation, SES Americom, Inc., and Intelsat, Ltd.
Federal Register, Volume 83 Issue 164 (Thursday, August 23, 2018)
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42603-42607]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18151]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[EB Docket No. 04-296, PS Docket No. 15-94; FCC 18-102]


Review of the Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Petition for partial reconsideration; final decision.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) partially denies and partially grants a petition for 
partial reconsideration of the Emergency Alert System (EAS) 
requirements for certain Fixed Satellite Service (FSS) satellite 
operators jointly filed by PanAmSat Corporation, SES Americom, Inc., 
and Intelsat, Ltd.

DATES: Effective September 24, 2018.

FOR FURTHER INFORMATION CONTACT: Gregory Cooke, Deputy Chief, Policy 
and Licensing Division, Public Safety and Homeland Security Bureau, at 
(202) 418-7452, or by email at Gregory.Cooke@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration (Order) in EB Docket No. 04-296 and PS Docket No. 
15-94, FCC 18-102, adopted on July 23, 2018, and released on July 24, 
2018. The full text of this document is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
CY-A257), 445 12th Street SW, Washington, DC 20554. The full text may 
also be downloaded at: www.fcc.gov.

Synopsis

    1. In the Order, the Commission partially denies and partially 
grants the petition for partial reconsideration (Petition) of the EAS 
requirements for FSS satellite operators jointly filed by PanAmSat 
Corporation, SES Americom, Inc., and Intelsat, Ltd. (Petitioners). 
Specifically, the Commission denies Petitioners' request to shift the 
EAS obligations adopted for Ku band FSS licensees to the video 
programming distributors that lease transponder capacity from such 
licensees. The Commission also denies Petitioners' alternative request 
to not apply the FSS EAS rules to FSS satellite operations subject to 
satellite capacity lease agreements already in place when the FSS EAS 
requirements became effective. The Commission does, however, grant the 
Petition to the extent that it adopts more specific criteria for 
determining when EAS obligations are triggered for FSS licensees whose 
satellites are used to provide programming directed primarily to 
consumers outside the U.S., with only incidental reception by consumers 
in the U.S.

I. Background

A. The EAS

    2. The EAS is a national public warning system through which 
broadcasters, cable systems, and other service providers (EAS 
Participants) deliver alerts to the public to warn them of impending 
emergencies and dangers to life and property. The primary purpose of 
the EAS is to provide the President with ``the capability to provide 
immediate communications and information to the general public at the 
national, state and local levels during periods of national 
emergency.'' The EAS also is used by state and local governments, as 
well as the National Weather Service, to distribute alerts.

B. The EAS First Report and Order

    3. In 2005, in recognition that consumers were increasingly 
adopting digital technologies as replacements for analog broadcast and 
cable systems that were already subject to EAS requirements, the 
Commission adopted the First Report and Order and Further Notice of 
Proposed Rulemaking (First Report and Order) in EB Docket No. 04-296, 
70 FR 71023, 71072 (Nov. 25, 2005), expanding EAS obligations to 
digital television and radio, digital cable, and satellite television 
and radio services. The Commission deemed that ``some level of EAS 
participation must be established for these new digital services to 
ensure that large portions of the American public are able to receive 
national and/or regional public alerts and warnings.''
    4. With respect to satellite video services, the Commission, in 
part pursuant to its jurisdiction under section 303(v) of the 
Communications Act of 1934, as amended (the ``Act''), to regulate 
direct-to-home (DTH) satellite services, extended EAS obligations to 
DBS services, as defined in section 25.701(a)(1)-(3) of the 
Commission's rules. As used in section 25.701(a), the definition of DBS 
includes entities licensed to operate FSS satellites in the Ku band 
that ``sell or lease capacity to a video programming distributor that 
offers service directly to consumers providing a sufficient number of 
channels so that four percent of the total applicable programming 
channels yields a set aside of at least one channel of non-commercial 
programming pursuant to [section 25.701(e) of the Commission's rules]'' 
(hereinafter, ``DTH-FSS licensees''). The Commission anticipated that 
this definition would ``ensure[ ] that the EAS rules apply to the vast 
majority of existing DTH satellite services, particularly those for 
which viewers may have expectations as to available warnings based on 
experience with broadcast television services.'' With respect to 
compliance requirements, the Commission generally required DBS entities 
to participate in national EAS activations, and meet related 
monitoring, testing and equipment readiness requirements.
    5. The Commission, however, allowed DTH-FSS licensees to delegate 
their EAS obligations to the video programming distributors that lease 
capacity on their satellites. Specifically, the Commission stated that 
``compliance with EAS requirements may be established based upon a 
certification from a [video programming] distributor that expressly 
states that the distributor has complied with the EAS obligations.'' 
The Commission added that the DTH-FSS licensees ``will not be required 
to verify compliance by distributors unless there is evidence that the 
distributor has not met its obligation.'' The Commission concluded that 
placing ultimate compliance responsibility on the DTH-FSS licensees 
under this scheme was not unduly burdensome because the ``certification 
requirements can be included in satellite carriage and leasing 
contracts,'' and because it was similar to the certification scheme 
adopted for FSS Part 25 licensees to meet their DBS public interest 
obligations. The Commission declined to apply EAS obligations to Home 
Satellite Dish (HSD) service, which also falls under the Commission's 
DTH jurisdiction.

C. The Petition

    6. The Petitioners state that they ``support the application of the 
EAS requirements to DTH-FSS services,'' but seek reconsideration of 
three aspects of the Commission's decision adopting such requirements. 
First, the Petition requests that the Commission modify the FSS EAS 
requirements adopted in the First Report and Order by applying

[[Page 42604]]

them directly to the video programming distributors that lease 
transponder capacity from the DTH-FSS licensees instead of applying 
them to the DTH-FSS licensees themselves. Second, in the alternative, 
the Petition requests that the Commission not apply the FSS EAS rules 
to satellite transponder(s) that were subject to pre-existing satellite 
capacity lease agreements already in place when the FSS EAS 
requirements became effective. Third, the Petition requests that the 
Commission ``provide an exemption from the EAS requirements for DTH-FSS 
services that are directed primarily to consumers outside the United 
States but also are made available to consumers in the United States.''
    7. With respect to their contention that responsibility for EAS 
compliance should be shifted from the DTH-FSS licensees to their lessee 
video programming distributors, Petitioners argue that, for all other 
services, the EAS rules apply to ``the entity that delivers programming 
to the consumer and therefore is in a position to substitute emergency 
messages when the EAS system is activated.'' Petitioners contend that 
``[i]n the case of broadcast services, for example, the requirements 
apply to the stations that transmit programming to consumers' radio and 
television receivers.'' Petitioners contend that the Commission did not 
explain why it departed from this approach in the DTH-FSS case. 
Petitioners argue that DTH-FSS programming distributors are best 
situated to comply with the FSS EAS requirements because they are the 
entities that generate and control the program content that is 
delivered via the satellite. Petitioners also liken their situation to 
the HSD providers exempted from EAS obligations in the First Report and 
Order in that, like HSD providers, DTH-FSS licensees do not control the 
programming that is transmitted over the satellite to HSD consumers.
    8. With respect to the certification mechanism through which DTH-
FSS licensees delegate responsibility for EAS obligations to their 
lessees, Petitioners argue that attaching EAS compliance obligations to 
DTH-FSS programming distributors through their capacity lease 
agreements with DTH-FSS satellite operators is inefficient, and does 
not provide for direct enforcement of compliance, but instead subjects 
resolution of compliance questions to private contract litigation.
    9. Petitioners also request that the FCC exempt DTH-FSS services 
offered primarily outside the U.S., but incidentally made available to 
U.S. subscribers. Petitioners contend that such exemption is needed 
because ``[i]t is highly improbable that the distributors of these 
services would be willing to preempt normal programming for 
announcements from the President of the United States.'' Instead, 
according to Petitioners, these video programming distributors would 
cease marketing their services in the U.S., thus depriving the public 
of ``access to valuable programming.'' Petitioners further argue that 
applying EAS requirements in this context amounts to regulating the 
content of foreign programming. Petitioners thus propose that the 
Commission exempt DTH services directed ``primarily in foreign 
countries'' from EAS obligations, and suggest that the Commission 
``employ a standard of 50% of the area or population within a footprint 
for determining whether the primary audience for a DTH service is 
outside the United States.''
    10. Two parties, EchoStar Satellite L.L.C. (EchoStar) and DIRECTV 
Latin America, LLC (DTVLA) filed oppositions to the Petition.

II. Discussion

    11. The Commission denies the Petition's request to apply the FSS 
EAS requirements directly to the video programming distributors that 
lease transponder capacity from DTH-FSS licensees instead of applying 
them to the DTH-FSS licensees themselves. As a practical matter, the 
Commission's ability to enforce the EAS requirements in this satellite 
context could be compromised if ultimate compliance responsibility were 
not placed on the DTH-FSS licensees. As the Commission observed in the 
DBS public interest certification proceeding (which implemented a 
certification regime upon which the DTH-FSS EAS certification scheme is 
modeled), the Commission has greater enforcement powers under the Act 
over satellite licensees than direct-to-home, non-licensee programmers, 
and it also has greater ownership information about such licensees than 
it has about these programmers. With respect to the DBS public interest 
certification scheme, the Commission concluded that ``placing the 
ultimate compliance responsibility on the satellite licensees is not 
unduly burdensome.'' The Commission arrives at the same conclusion in 
the context of DTH-FSS EAS obligations. The Commission observes that 
over the past decade during which the DTH-FSS EAS rules have been in 
effect, the Commission has not been apprised by DTH-FSS licensees of 
any significant problems associated with their implementation. That the 
DTH-FSS licensees lease the use of their satellites to video 
programming distributors and other entities is a business model choice 
of their own making that the EAS certification regime for DTH-FSS 
licensees attempts to accommodate.
    12. Petitioners contend that, in all cases but Petitioners', the 
Commission has applied the requirements associated with disseminating 
authorized EAS alerts ``to the entity that delivers programming to the 
consumer,'' and that DTH-FSS has been treated dissimilarly without 
explanation. The Commission finds that this comparison is inaccurate 
and thus rejects Petitioners' request to shift the compliance burden to 
program suppliers. As Petitioners themselves point out, for broadcast 
services, broadcast licensees must disseminate authorized EAS alerts 
and follow other related requirements. Similarly, in the case of cable 
services, the cable operator is responsible for following these EAS 
requirements. These EAS obligations, in either instance, do not attach 
to the entity that supplies the programming. In the case of DTH-FSS 
satellites, it is the FSS satellite transponders--not the program 
suppliers--that transmit the programming to consumer receivers, and are 
thus similarly situated to the other types of entities that participate 
in the EAS, and consequently, are appropriately subject to these EAS 
requirements.
    13. The Commission also denies the Petition's alternative request 
that the Commission not apply the FSS EAS rules in instances where 
satellite transponders are subject to preexisting capacity lease 
agreements that were in effect before the FSS EAS obligations became 
effective. The FSS EAS obligations were adopted on November 10, 2005, 
but were not made effective until May 31, 2007. Petitioners argue that 
``[t]he FSS satellite operators have no means [ ] of requiring EAS 
compliance in connection with capacity agreements that were entered 
into prior to the effective date of the R&O.'' Petitioners subsequently 
argued that ``many DTH-FSS capacity agreements are long-term contracts 
with terms extending beyond 2007.'' Petitioners did not specify how far 
beyond 2007 their capacity agreements entered into prior to the 
adoption of the FSS EAS requirements in 2005 might extend, and it is 
unclear whether any such agreements are still in effect today. That 
said, licensees in a regulated industry remain subject to new rules 
deemed by the Commission to be appropriate and in the public interest. 
As to the particular circumstances here, the

[[Page 42605]]

Commission expects that such private arrangements would have included 
accommodations to account for changes in the regulatory or statutory 
framework. And, had such implementation issues persisted beyond that 
time frame, the Commission would have expected to see other indicia of 
such difficulties. In any event, the Commission observes that the FSS 
EAS certification regime was adopted as an optional mechanism through 
which DTH-FSS licensees can delegate the performance of EAS obligations 
for which they are ultimately responsible to their DTH-FSS video 
programming distributor lessees. While the Commission contemplated this 
as one option for meeting these obligations, it did not suggest that it 
would be the only one available. Accordingly, those DTH FSS licensees 
that do not consider it feasible or efficient to delegate performance 
of these obligations to their DTH-FSS video programming distributor 
lessees always have the option of relying on their own devices to meet 
these obligations themselves.
    14. With respect to Petitioners' request that they be exempted from 
EAS requirements DTH-FSS services that are directed primarily to 
consumers outside the U.S., but incidentally received by consumers in 
the U.S., the Commission agrees with Petitioners that EAS obligations 
should not apply in such cases. The Commission does not believe it was 
intended for EAS obligations adopted in the First Report and Order to 
be applied to DTH-FSS-based services that are directed to consumers 
outside the U.S., but which incidentally include geographic overlap 
with the U.S. by virtue of the satellite transponder's footprint. In 
adopting the DBS service definition in section 25.701(a), the 
Commission emphasized that this definition would capture those services 
``for which viewers may have expectations as to available warnings 
based on experience with broadcast television services.'' Such 
expectations are unlikely to be shared by viewers outside the U.S. The 
Commission also observed that ``extending national level EAS 
requirements to DBS providers serves the public interest by ensuring 
that the significant portion of the American public that are DBS 
subscribers have access to this critical emergency information.'' To 
require that programming intended for consumers outside of the U.S. 
comply with the EAS rules would significantly increase regulatory 
burdens on DTH-FSS service providers without delivering a measurable 
benefit to an unintended U.S. audience that is unlikely to be watching 
the DTH-FSS programming. Such a result would be inconsistent with the 
Commission's stated rationales and intent for extending EAS obligations 
to DBS services. At the same time, the Commission is mindful that U.S. 
consumers who have a reasonable basis to expect that EAS alerts will be 
offered over such DTS-FSS services receive alerts consistent with those 
expectations.
    15. Accordingly, in balancing these policy objectives, the 
Commission grants partial reconsideration of its EAS rules to 
Petitioners to ensure that DTH-FSS licensees deliver EAS alerts to DTH-
FSS service consumers within the United States that have an expectation 
that they will receive EAS alerts, rather than to U.S.-based consumers 
who incidentally receive such DTH-FSS services. Petitioners have argued 
that the DTH-FSS EAS obligations should be triggered based on the U.S. 
territory encompassed within the FSS licensee's transponder footprint 
and propose a trigger based on whether 50% of the area or population 
within the DTH-FSS transponder footprint is within the contiguous 
United States (CONUS). The Commission agrees that the geographic area 
covered by the DTH-FSS transponder footprint is an appropriate measure 
of whether the DTH-FSS is focused on U.S. consumers, but disagrees that 
it should be the sole measure. Use of geographic area coverage area 
alone could exclude substantial portions of the U.S. from receiving EAS 
alerts where consumers could reasonably expect EAS to be provided. For 
example, under Petitioners' suggestion, a DTH-FSS transponder could be 
centered on a U.S. city on the border with Mexico and have DTH-FSS 
service that is marketed actively to U.S. consumers in that city, but 
would be exempt from the EAS rules if more than 50% of the transponder 
footprint covered Mexico. The Commission does not find such a result to 
be in the public interest.
    16. The Commission therefore establishes multiple criteria by which 
it will determine whether the DTH-FSS programing is directed to a 
United States audience for purposes of determining EAS obligations, or 
is merely incidentally received: (1) Whether the center of the 
footprint of the antenna beam associated with the transponder used to 
provide the DTH-FSS service is within the United States; (2) whether at 
least 50 percent of the footprint of the antenna beam associated with 
the transponder used to provide DTH-FSS covers territory within the 
United States; or (3) whether the DTH-FSS service is marketed to U.S. 
consumers, either through advertising campaigns or promotional 
materials that are focused on potential subscribers located within the 
United States. If any of these three factors is present, the Commission 
finds that it is likely that the DTH-FSS service is focused on U.S. 
consumers, and therefore is within the intended scope of the 
Commission's EAS rules.
    17. Finally, with respect to the DTH-FSS EAS obligation triggering 
criteria that the video program distributor's service include a 
sufficient number of channels such that four percent of the total 
applicable programming channels yields a set aside of at least one 
channel of non-commercial programming, the Commission observes that the 
Commission previously has clarified that this four percent set aside 
threshold is not triggered until at least 25 channels of video 
programming are being offered. To the extent it was not clear that this 
earlier finding also applies in the FSS EAS context, the Commission 
incorporates it here.

III. Procedural Matters

A. Accessible Formats

    18. To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

B. Supplemental Final Regulatory Flexibility Analysis

    19. As required by the Regulatory Flexibility Act of 1980 (RFA), as 
amended, an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (NPRM) in EB Docket 
No. 04-296, 69 FR 52843 (Aug. 30, 2004). The Commission sought written 
public comment on the proposals in the NPRM, including comments on the 
IRFA. No comments were filed addressing the IRFA. The Commission 
included a Final Regulatory Flexibility Analysis (FRFA) in the First 
Report and Order and Further Notice of Proposed Rulemaking (First 
Report and Order) in EB Docket No. 04-296, 70 FR 71023, 71072 (Nov. 25, 
2005). This Supplemental Final Regulatory Flexibility Analysis 
(Supplemental FRFA) supplements the FRFA to reflect the actions taken 
in this Order and conforms to the RFA.
1. Need for, and Objective of, the Order
    20. In the First Report and Order, the Commission extended 
Emergency Alert System (EAS) obligations to digital television and 
radio, digital cable, and

[[Page 42606]]

satellite television and radio services. Among other things, the 
Commission extended EAS obligations to Direct Broadcast Satellite (DBS) 
services, as defined in section 25.701(a)(1)-(3) of the Commission's 
rules. As used in section 25.701(a), the definition of DBS includes 
entities licensed to operate Fixed Satellite Service (FSS) satellite in 
the Ku band that ``sell or lease capacity to a video programming 
distributor that offers service directly to consumers providing a 
sufficient number of channels so that four percent of the total 
applicable programming channels yields a set aside of at least one 
channel of non-commercial programming pursuant to [section 25.701(e) of 
the Commission's rules]'' (hereinafter, ``DTH-FSS licensees'').
    21. In this Order, the Commission grants, to the extent described 
herein, a petition for partial reconsideration of the First Report and 
Order jointly filed in 2005 by PanAmSat Corporation, SES Americom, 
Inc., and Intelsat, Ltd. (collectively, Petitioners). In particular, 
the Commission denies all the specific requests made by Petitioners, 
and clarifies the criteria triggering when the EAS obligations apply to 
DTH-FSS licensees.
2. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA
    22. There were no comments filed that specifically addressed the 
proposed rules and policies presented in the IRFA.
3. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration
    23. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel of the Small Business Administration (SBA), and to 
provide a detailed statement of any change made to the proposed rule(s) 
as a result of those comments.
    24. The Chief Counsel did not file any comments in response to the 
proposed rule(s) in this proceeding.
4. Description and Estimate of the Number of Small Entities to Which 
the Rules Would Apply
    25. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted herein. The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. A ``small business concern'' is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
SBA.
    26. As noted above, a FRFA was incorporated into the First Report 
and Order. In that analysis, the Commission described in detail the 
small entities that might be significantly affected by the rules 
adopted in the First Report and Order. In this Order, the Commission 
hereby incorporates by reference the descriptions and estimates of the 
number of small entities from the previous FRFA in this proceeding.
5. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities
    27. The data, information and document collection required by the 
First Report and Order as described in the previous FRFA in this 
proceeding is hereby incorporated by reference. The actions taken in 
this Order do not amend or otherwise revise those requirements, except 
to refine the criteria that determine when DTH-FSS licensees are 
subject to EAS obligations. More specifically, the Commission finds 
that the criteria triggering DTH-FSS EAS obligations only applies in 
instances where the FSS capacity sold or leased to the video 
programming distributor is effected over a DTH-FSS transponder for 
which (1) the center of the footprint of the antenna beam associated 
with the transponder used to provide the DTH-FSS service is within the 
United States, (2) at least 50 percent of the footprint of the antenna 
beam associated with the transponder used to provide DTH-FSS covers 
territory within the United States, or (3) where the DTH-FSS service is 
marketed to U.S. consumers, either through advertising campaigns or 
promotional materials that are focused on potential subscribers located 
within the United States. If any of these three factors is present, the 
Commission finds that it is likely that the DTH-FSS service is focused 
on U.S. consumers. This aspect of the decision is consistent with the 
Commission's intent expressed in the First Report and Order for 
extending EAS alert delivery to American subscribers of DBS services.
6. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    28. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): ``(1) 
the establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) and 
exemption from coverage of the rule, or any part thereof, for small 
entities.''
    29. The analysis of the Commission's efforts to minimize the 
possible significant economic impact on small entities as described in 
the previous FRFA in this proceeding is hereby incorporated by 
reference.

Report to Congress

    30. The Commission will not send a copy of this Order, including 
this Supplemental FRFA, in a report to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of this Order, including this Supplemental FRFA, to the Chief Counsel 
for Advocacy of the SBA. A copy of this Order and Supplemental FRFA (or 
summaries thereof) will also be published in the Federal Register.

D. Additional Information

    31. People with Disabilities. To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to fcc504@fcc.gov or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    32. Additional Information. For additional information on this 
proceeding, contact Gregory Cooke of the Public Safety and Homeland 
Security Bureau, Policy and Licensing Division, gregory.cooke@fcc.gov, 
(202) 418-2351.

IV. Ordering Clauses

    33. Accordingly, it is ordered that pursuant to sections 1, 2, 
4(i), 4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g),706, and 
715 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 
154(i), 154(o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606, 
and 615, this Order on Reconsideration is adopted,

[[Page 42607]]

and the petition for partial reconsideration filed by PanAmSat 
Corporation, SES Americom, Inc., and Intelsat, Ltd. is hereby granted 
as described herein, and otherwise denied.
    34. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Order on Reconsideration, including the Supplemental Final 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

Federal Communications Commission.

Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2018-18151 Filed 8-22-18; 8:45 am]
BILLING CODE 6712-01-P
Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42603

Dated: August 9, 2018. distributors that lease transponder definition of DBS includes entities
Katherine B. Fox, capacity from such licensees. The licensed to operate FSS satellites in the
Assistant Administrator for Mitigation, Commission also denies Petitioners’ Ku band that ‘‘sell or lease capacity to
Federal Insurance and Mitigation alternative request to not apply the FSS a video programming distributor that
Administration—FEMA Resilience, EAS rules to FSS satellite operations offers service directly to consumers
Department of Homeland Security, Federal subject to satellite capacity lease providing a sufficient number of
Emergency Management Agency. agreements already in place when the channels so that four percent of the total
[FR Doc. 2018–18150 Filed 8–22–18; 8:45 am] FSS EAS requirements became effective. applicable programming channels yields
BILLING CODE 9110–12–P The Commission does, however, grant a set aside of at least one channel of
the Petition to the extent that it adopts non-commercial programming pursuant
more specific criteria for determining to [section 25.701(e) of the
FEDERAL COMMUNICATIONS when EAS obligations are triggered for Commission’s rules]’’ (hereinafter,
COMMISSION FSS licensees whose satellites are used ‘‘DTH–FSS licensees’’). The
to provide programming directed Commission anticipated that this
47 CFR Part 11 primarily to consumers outside the U.S., definition would ‘‘ensure[ ] that the EAS
with only incidental reception by rules apply to the vast majority of
[EB Docket No. 04–296, PS Docket No. 15– existing DTH satellite services,
94; FCC 18–102] consumers in the U.S.
particularly those for which viewers
I. Background may have expectations as to available
Review of the Emergency Alert System
A. The EAS warnings based on experience with
AGENCY: Federal Communications broadcast television services.’’ With
Commission. 2. The EAS is a national public respect to compliance requirements, the
warning system through which Commission generally required DBS
ACTION: Petition for partial
broadcasters, cable systems, and other entities to participate in national EAS
reconsideration; final decision. service providers (EAS Participants) activations, and meet related
SUMMARY: In this document, the Federal deliver alerts to the public to warn them monitoring, testing and equipment
Communications Commission (FCC or of impending emergencies and dangers readiness requirements.
Commission) partially denies and to life and property. The primary 5. The Commission, however, allowed
partially grants a petition for partial purpose of the EAS is to provide the DTH–FSS licensees to delegate their
reconsideration of the Emergency Alert President with ‘‘the capability to EAS obligations to the video
System (EAS) requirements for certain provide immediate communications and programming distributors that lease
Fixed Satellite Service (FSS) satellite information to the general public at the capacity on their satellites. Specifically,
operators jointly filed by PanAmSat national, state and local levels during the Commission stated that ‘‘compliance
Corporation, SES Americom, Inc., and periods of national emergency.’’ The with EAS requirements may be
Intelsat, Ltd. EAS also is used by state and local established based upon a certification
governments, as well as the National from a [video programming] distributor
DATES: Effective September 24, 2018.
Weather Service, to distribute alerts. that expressly states that the distributor
FOR FURTHER INFORMATION CONTACT:
B. The EAS First Report and Order has complied with the EAS
Gregory Cooke, Deputy Chief, Policy obligations.’’ The Commission added
and Licensing Division, Public Safety 3. In 2005, in recognition that that the DTH–FSS licensees ‘‘will not be
and Homeland Security Bureau, at (202) consumers were increasingly adopting required to verify compliance by
418–7452, or by email at digital technologies as replacements for distributors unless there is evidence that
Gregory.Cooke@fcc.gov. analog broadcast and cable systems that the distributor has not met its
SUPPLEMENTARY INFORMATION: This is a were already subject to EAS obligation.’’ The Commission concluded
summary of the Commission’s Order on requirements, the Commission adopted that placing ultimate compliance
Reconsideration (Order) in EB Docket the First Report and Order and Further responsibility on the DTH–FSS
No. 04–296 and PS Docket No. 15–94, Notice of Proposed Rulemaking (First licensees under this scheme was not
FCC 18–102, adopted on July 23, 2018, Report and Order) in EB Docket No. 04– unduly burdensome because the
and released on July 24, 2018. The full 296, 70 FR 71023, 71072 (Nov. 25, ‘‘certification requirements can be
text of this document is available for 2005), expanding EAS obligations to included in satellite carriage and leasing
inspection and copying during normal digital television and radio, digital contracts,’’ and because it was similar to
business hours in the FCC Reference cable, and satellite television and radio the certification scheme adopted for FSS
Center (Room CY–A257), 445 12th services. The Commission deemed that Part 25 licensees to meet their DBS
Street SW, Washington, DC 20554. The ‘‘some level of EAS participation must public interest obligations. The
full text may also be downloaded at: be established for these new digital Commission declined to apply EAS
www.fcc.gov. services to ensure that large portions of obligations to Home Satellite Dish
the American public are able to receive (HSD) service, which also falls under
Synopsis national and/or regional public alerts the Commission’s DTH jurisdiction.
1. In the Order, the Commission and warnings.’’
partially denies and partially grants the 4. With respect to satellite video C. The Petition
petition for partial reconsideration services, the Commission, in part 6. The Petitioners state that they
(Petition) of the EAS requirements for pursuant to its jurisdiction under ‘‘support the application of the EAS
FSS satellite operators jointly filed by section 303(v) of the Communications requirements to DTH–FSS services,’’ but
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PanAmSat Corporation, SES Americom, Act of 1934, as amended (the ‘‘Act’’), to seek reconsideration of three aspects of
Inc., and Intelsat, Ltd. (Petitioners). regulate direct-to-home (DTH) satellite the Commission’s decision adopting
Specifically, the Commission denies services, extended EAS obligations to such requirements. First, the Petition
Petitioners’ request to shift the EAS DBS services, as defined in section requests that the Commission modify
obligations adopted for Ku band FSS 25.701(a)(1)–(3) of the Commission’s the FSS EAS requirements adopted in
licensees to the video programming rules. As used in section 25.701(a), the the First Report and Order by applying

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them directly to the video programming subscribers. Petitioners contend that implementation. That the DTH–FSS
distributors that lease transponder such exemption is needed because ‘‘[i]t licensees lease the use of their satellites
capacity from the DTH–FSS licensees is highly improbable that the to video programming distributors and
instead of applying them to the DTH– distributors of these services would be other entities is a business model choice
FSS licensees themselves. Second, in willing to preempt normal programming of their own making that the EAS
the alternative, the Petition requests that for announcements from the President certification regime for DTH–FSS
the Commission not apply the FSS EAS of the United States.’’ Instead, according licensees attempts to accommodate.
rules to satellite transponder(s) that to Petitioners, these video programming 12. Petitioners contend that, in all
were subject to pre-existing satellite distributors would cease marketing their cases but Petitioners’, the Commission
capacity lease agreements already in services in the U.S., thus depriving the has applied the requirements associated
place when the FSS EAS requirements public of ‘‘access to valuable with disseminating authorized EAS
became effective. Third, the Petition programming.’’ Petitioners further argue alerts ‘‘to the entity that delivers
requests that the Commission ‘‘provide that applying EAS requirements in this programming to the consumer,’’ and
an exemption from the EAS context amounts to regulating the that DTH–FSS has been treated
requirements for DTH–FSS services that content of foreign programming. dissimilarly without explanation. The
are directed primarily to consumers Petitioners thus propose that the Commission finds that this comparison
outside the United States but also are Commission exempt DTH services is inaccurate and thus rejects
made available to consumers in the directed ‘‘primarily in foreign Petitioners’ request to shift the
United States.’’ countries’’ from EAS obligations, and compliance burden to program
7. With respect to their contention suggest that the Commission ‘‘employ a suppliers. As Petitioners themselves
that responsibility for EAS compliance standard of 50% of the area or point out, for broadcast services,
should be shifted from the DTH–FSS population within a footprint for broadcast licensees must disseminate
licensees to their lessee video determining whether the primary authorized EAS alerts and follow other
programming distributors, Petitioners audience for a DTH service is outside related requirements. Similarly, in the
argue that, for all other services, the the United States.’’ case of cable services, the cable operator
EAS rules apply to ‘‘the entity that 10. Two parties, EchoStar Satellite is responsible for following these EAS
delivers programming to the consumer L.L.C. (EchoStar) and DIRECTV Latin requirements. These EAS obligations, in
and therefore is in a position to America, LLC (DTVLA) filed either instance, do not attach to the
substitute emergency messages when oppositions to the Petition. entity that supplies the programming. In
the EAS system is activated.’’ the case of DTH–FSS satellites, it is the
II. Discussion
Petitioners contend that ‘‘[i]n the case of FSS satellite transponders—not the
broadcast services, for example, the 11. The Commission denies the program suppliers—that transmit the
requirements apply to the stations that Petition’s request to apply the FSS EAS programming to consumer receivers,
transmit programming to consumers’ requirements directly to the video and are thus similarly situated to the
radio and television receivers.’’ programming distributors that lease other types of entities that participate in
Petitioners contend that the transponder capacity from DTH–FSS the EAS, and consequently, are
Commission did not explain why it licensees instead of applying them to appropriately subject to these EAS
departed from this approach in the the DTH–FSS licensees themselves. As requirements.
DTH–FSS case. Petitioners argue that a practical matter, the Commission’s 13. The Commission also denies the
DTH–FSS programming distributors are ability to enforce the EAS requirements Petition’s alternative request that the
best situated to comply with the FSS in this satellite context could be Commission not apply the FSS EAS
EAS requirements because they are the compromised if ultimate compliance rules in instances where satellite
entities that generate and control the responsibility were not placed on the transponders are subject to preexisting
program content that is delivered via the DTH–FSS licensees. As the Commission capacity lease agreements that were in
satellite. Petitioners also liken their observed in the DBS public interest effect before the FSS EAS obligations
situation to the HSD providers certification proceeding (which became effective. The FSS EAS
exempted from EAS obligations in the implemented a certification regime obligations were adopted on November
First Report and Order in that, like HSD upon which the DTH–FSS EAS 10, 2005, but were not made effective
providers, DTH–FSS licensees do not certification scheme is modeled), the until May 31, 2007. Petitioners argue
control the programming that is Commission has greater enforcement that ‘‘[t]he FSS satellite operators have
transmitted over the satellite to HSD powers under the Act over satellite no means [ ] of requiring EAS
consumers. licensees than direct-to-home, non- compliance in connection with capacity
8. With respect to the certification licensee programmers, and it also has agreements that were entered into prior
mechanism through which DTH–FSS greater ownership information about to the effective date of the R&O.’’
licensees delegate responsibility for EAS such licensees than it has about these Petitioners subsequently argued that
obligations to their lessees, Petitioners programmers. With respect to the DBS ‘‘many DTH–FSS capacity agreements
argue that attaching EAS compliance public interest certification scheme, the are long-term contracts with terms
obligations to DTH–FSS programming Commission concluded that ‘‘placing extending beyond 2007.’’ Petitioners did
distributors through their capacity lease the ultimate compliance responsibility not specify how far beyond 2007 their
agreements with DTH–FSS satellite on the satellite licensees is not unduly capacity agreements entered into prior
operators is inefficient, and does not burdensome.’’ The Commission arrives to the adoption of the FSS EAS
provide for direct enforcement of at the same conclusion in the context of requirements in 2005 might extend, and
DTH–FSS EAS obligations. The
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compliance, but instead subjects it is unclear whether any such
resolution of compliance questions to Commission observes that over the past agreements are still in effect today. That
private contract litigation. decade during which the DTH–FSS EAS said, licensees in a regulated industry
9. Petitioners also request that the rules have been in effect, the remain subject to new rules deemed by
FCC exempt DTH–FSS services offered Commission has not been apprised by the Commission to be appropriate and
primarily outside the U.S., but DTH–FSS licensees of any significant in the public interest. As to the
incidentally made available to U.S. problems associated with their particular circumstances here, the

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Commission expects that such private watching the DTH–FSS programming. consumers, either through advertising
arrangements would have included Such a result would be inconsistent campaigns or promotional materials that
accommodations to account for changes with the Commission’s stated rationales are focused on potential subscribers
in the regulatory or statutory framework. and intent for extending EAS located within the United States. If any
And, had such implementation issues obligations to DBS services. At the same of these three factors is present, the
persisted beyond that time frame, the time, the Commission is mindful that Commission finds that it is likely that
Commission would have expected to see U.S. consumers who have a reasonable the DTH–FSS service is focused on U.S.
other indicia of such difficulties. In any basis to expect that EAS alerts will be consumers, and therefore is within the
event, the Commission observes that the offered over such DTS–FSS services intended scope of the Commission’s
FSS EAS certification regime was receive alerts consistent with those EAS rules.
adopted as an optional mechanism expectations. 17. Finally, with respect to the DTH–
through which DTH–FSS licensees can 15. Accordingly, in balancing these FSS EAS obligation triggering criteria
delegate the performance of EAS policy objectives, the Commission that the video program distributor’s
obligations for which they are grants partial reconsideration of its EAS service include a sufficient number of
ultimately responsible to their DTH– rules to Petitioners to ensure that DTH– channels such that four percent of the
FSS video programming distributor FSS licensees deliver EAS alerts to total applicable programming channels
lessees. While the Commission DTH–FSS service consumers within the yields a set aside of at least one channel
contemplated this as one option for United States that have an expectation of non-commercial programming, the
meeting these obligations, it did not that they will receive EAS alerts, rather Commission observes that the
suggest that it would be the only one than to U.S.-based consumers who Commission previously has clarified
available. Accordingly, those DTH FSS incidentally receive such DTH–FSS that this four percent set aside threshold
licensees that do not consider it feasible services. Petitioners have argued that is not triggered until at least 25 channels
or efficient to delegate performance of the DTH–FSS EAS obligations should be of video programming are being offered.
these obligations to their DTH–FSS triggered based on the U.S. territory To the extent it was not clear that this
video programming distributor lessees encompassed within the FSS licensee’s earlier finding also applies in the FSS
always have the option of relying on transponder footprint and propose a EAS context, the Commission
their own devices to meet these trigger based on whether 50% of the incorporates it here.
obligations themselves. area or population within the DTH–FSS
transponder footprint is within the III. Procedural Matters
14. With respect to Petitioners’ contiguous United States (CONUS). The
request that they be exempted from EAS A. Accessible Formats
Commission agrees that the geographic
requirements DTH–FSS services that are area covered by the DTH–FSS 18. To request materials in accessible
directed primarily to consumers outside transponder footprint is an appropriate formats for people with disabilities
the U.S., but incidentally received by measure of whether the DTH–FSS is (Braille, large print, electronic files,
consumers in the U.S., the Commission focused on U.S. consumers, but audio format), send an email to fcc504@
agrees with Petitioners that EAS disagrees that it should be the sole fcc.gov or call the Consumer &
obligations should not apply in such measure. Use of geographic area Governmental Affairs Bureau at 202–
cases. The Commission does not believe coverage area alone could exclude 418–0530 (voice), 202–418–0432 (tty).
it was intended for EAS obligations substantial portions of the U.S. from
adopted in the First Report and Order to B. Supplemental Final Regulatory
receiving EAS alerts where consumers Flexibility Analysis
be applied to DTH–FSS-based services could reasonably expect EAS to be
that are directed to consumers outside provided. For example, under 19. As required by the Regulatory
the U.S., but which incidentally include Petitioners’ suggestion, a DTH–FSS Flexibility Act of 1980 (RFA), as
geographic overlap with the U.S. by transponder could be centered on a U.S. amended, an Initial Regulatory
virtue of the satellite transponder’s city on the border with Mexico and have Flexibility Analysis (IRFA) was
footprint. In adopting the DBS service DTH–FSS service that is marketed incorporated in the Notice of Proposed
definition in section 25.701(a), the actively to U.S. consumers in that city, Rulemaking (NPRM) in EB Docket No.
Commission emphasized that this but would be exempt from the EAS 04–296, 69 FR 52843 (Aug. 30, 2004).
definition would capture those services rules if more than 50% of the The Commission sought written public
‘‘for which viewers may have transponder footprint covered Mexico. comment on the proposals in the NPRM,
expectations as to available warnings The Commission does not find such a including comments on the IRFA. No
based on experience with broadcast result to be in the public interest. comments were filed addressing the
television services.’’ Such expectations 16. The Commission therefore IRFA. The Commission included a Final
are unlikely to be shared by viewers establishes multiple criteria by which it Regulatory Flexibility Analysis (FRFA)
outside the U.S. The Commission also will determine whether the DTH–FSS in the First Report and Order and
observed that ‘‘extending national level programing is directed to a United Further Notice of Proposed Rulemaking
EAS requirements to DBS providers States audience for purposes of (First Report and Order) in EB Docket
serves the public interest by ensuring determining EAS obligations, or is No. 04–296, 70 FR 71023, 71072 (Nov.
that the significant portion of the merely incidentally received: (1) 25, 2005). This Supplemental Final
American public that are DBS Whether the center of the footprint of Regulatory Flexibility Analysis
subscribers have access to this critical the antenna beam associated with the (Supplemental FRFA) supplements the
emergency information.’’ To require that transponder used to provide the DTH– FRFA to reflect the actions taken in this
programming intended for consumers
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FSS service is within the United States; Order and conforms to the RFA.
outside of the U.S. comply with the EAS (2) whether at least 50 percent of the
rules would significantly increase footprint of the antenna beam associated 1. Need for, and Objective of, the Order
regulatory burdens on DTH–FSS service with the transponder used to provide 20. In the First Report and Order, the
providers without delivering a DTH–FSS covers territory within the Commission extended Emergency Alert
measurable benefit to an unintended United States; or (3) whether the DTH– System (EAS) obligations to digital
U.S. audience that is unlikely to be FSS service is marketed to U.S. television and radio, digital cable, and

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42606 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations

satellite television and radio services. governmental jurisdiction.’’ In addition, 6. Steps Taken To Minimize the
Among other things, the Commission the term ‘‘small business’’ has the same Significant Economic Impact on Small
extended EAS obligations to Direct meaning as the term ‘‘small business Entities, and Significant Alternatives
Broadcast Satellite (DBS) services, as concern’’ under the Small Business Act. Considered
defined in section 25.701(a)(1)–(3) of the A ‘‘small business concern’’ is one 28. The RFA requires an agency to
Commission’s rules. As used in section which: (1) Is independently owned and describe any significant alternatives that
25.701(a), the definition of DBS operated; (2) is not dominant in its field it has considered in reaching its
includes entities licensed to operate of operation; and (3) satisfies any proposed approach, which may include
Fixed Satellite Service (FSS) satellite in additional criteria established by the the following four alternatives (among
the Ku band that ‘‘sell or lease capacity SBA. others): ‘‘(1) the establishment of
to a video programming distributor that differing compliance or reporting
offers service directly to consumers 26. As noted above, a FRFA was
requirements or timetables that take into
providing a sufficient number of incorporated into the First Report and
account the resources available to small
channels so that four percent of the total Order. In that analysis, the Commission
entities; (2) the clarification,
applicable programming channels yields described in detail the small entities consolidation, or simplification of
a set aside of at least one channel of that might be significantly affected by compliance or reporting requirements
non-commercial programming pursuant the rules adopted in the First Report and under the rule for small entities; (3) the
to [section 25.701(e) of the Order. In this Order, the Commission use of performance, rather than design,
Commission’s rules]’’ (hereinafter, hereby incorporates by reference the standards; and (4) and exemption from
‘‘DTH–FSS licensees’’). descriptions and estimates of the coverage of the rule, or any part thereof,
21. In this Order, the Commission number of small entities from the for small entities.’’
grants, to the extent described herein, a previous FRFA in this proceeding. 29. The analysis of the Commission’s
petition for partial reconsideration of efforts to minimize the possible
the First Report and Order jointly filed 5. Description of Projected Reporting, significant economic impact on small
in 2005 by PanAmSat Corporation, SES Recordkeeping, and Other Compliance entities as described in the previous
Americom, Inc., and Intelsat, Ltd. Requirements for Small Entities FRFA in this proceeding is hereby
(collectively, Petitioners). In particular, incorporated by reference.
the Commission denies all the specific 27. The data, information and
requests made by Petitioners, and document collection required by the Report to Congress
clarifies the criteria triggering when the First Report and Order as described in 30. The Commission will not send a
EAS obligations apply to DTH–FSS the previous FRFA in this proceeding is copy of this Order, including this
licensees. hereby incorporated by reference. The Supplemental FRFA, in a report to
actions taken in this Order do not Congress pursuant to the Congressional
2. Summary of Significant Issues Raised amend or otherwise revise those Review Act. In addition, the
by Public Comments in Response to the requirements, except to refine the Commission will send a copy of this
IRFA criteria that determine when DTH–FSS Order, including this Supplemental
22. There were no comments filed licensees are subject to EAS obligations. FRFA, to the Chief Counsel for
that specifically addressed the proposed More specifically, the Commission finds Advocacy of the SBA. A copy of this
rules and policies presented in the that the criteria triggering DTH–FSS Order and Supplemental FRFA (or
IRFA. EAS obligations only applies in summaries thereof) will also be
3. Response to Comments by the Chief instances where the FSS capacity sold published in the Federal Register.
Counsel for Advocacy of the Small or leased to the video programming D. Additional Information
Business Administration distributor is effected over a DTH–FSS 31. People with Disabilities. To
23. Pursuant to the Small Business transponder for which (1) the center of request materials in accessible formats
Jobs Act of 2010, which amended the the footprint of the antenna beam for people with disabilities (braille,
RFA, the Commission is required to associated with the transponder used to large print, electronic files, audio
respond to any comments filed by the provide the DTH–FSS service is within format), send an email to fcc504@fcc.gov
Chief Counsel of the Small Business the United States, (2) at least 50 percent or call the Consumer & Governmental
Administration (SBA), and to provide a of the footprint of the antenna beam Affairs Bureau at 202–418–0530 (voice),
detailed statement of any change made associated with the transponder used to 202–418–0432 (tty).
to the proposed rule(s) as a result of provide DTH–FSS covers territory 32. Additional Information. For
those comments. within the United States, or (3) where additional information on this
24. The Chief Counsel did not file any the DTH–FSS service is marketed to proceeding, contact Gregory Cooke of
comments in response to the proposed U.S. consumers, either through the Public Safety and Homeland
rule(s) in this proceeding. advertising campaigns or promotional Security Bureau, Policy and Licensing
materials that are focused on potential Division, gregory.cooke@fcc.gov, (202)
4. Description and Estimate of the
subscribers located within the United 418–2351.
Number of Small Entities to Which the
Rules Would Apply States. If any of these three factors is IV. Ordering Clauses
present, the Commission finds that it is
25. The RFA directs agencies to 33. Accordingly, it is ordered that
provide a description of and, where likely that the DTH–FSS service is
pursuant to sections 1, 2, 4(i), 4(o), 301,
feasible, an estimate of the number of focused on U.S. consumers. This aspect 303(r), 303(v), 307, 309, 335, 403,
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small entities that may be affected by of the decision is consistent with the 624(g),706, and 715 of the
the proposed rules, if adopted herein. Commission’s intent expressed in the Communications Act of 1934, as
The RFA generally defines the term First Report and Order for extending amended, 47 U.S.C. 151, 152, 154(i),
‘‘small entity’’ as having the same EAS alert delivery to American 154(o), 301, 303(r), 303(v), 307, 309,
meaning as the terms ‘‘small business,’’ subscribers of DBS services. 335, 403, 544(g), 606, and 615, this
‘‘small organization,’’ and ‘‘small Order on Reconsideration is adopted,

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Document Created: 2018-08-23 00:34:20
Document Modified: 2018-08-23 00:34:20
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Petition for partial reconsideration; final decision.
Dates		Effective September 24, 2018.
Contact		Gregory Cooke, Deputy Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau, at (202) 418-7452, or by email at [email protected]
FR Citation		83 FR 42603